GRIGERIK V. SHARPE 247 Conn. 293 (1998) CASE BRIEF

GRIGERIK V. SHARPE

247 Conn. 293 (1998)

NATURE OF THE CASE: Grigerik (P) and Sharpe (D) requested a writ of certification to review a decision which reversed the decision of the trial court, which entered judgment for P in Ps action for breach of contract.

FACTS: Lang purchased property in 1983 that was designated a watershed area. Lang wanted to sell and Grigerik (P) offered to buy at $16,000 if Lang would do the work necessary to obtain the town's approval to use the land as a building lot. Lang agreed to do so as his original asking price was $9,000. Lang hired Sharpe (D) a professional engineer to prepare a site plan and to design subsurface sewage disposal and to perform necessary soil testing. Lang told D the reasons for this work; to sell the property to P. The site plan was prepared and submitted and was approved by the inland wetlands commission. Land then sold the property to P on November 19, 1985 for the $16,000 that was agreed upon. P then cleared the land and applied for a building permit but a change in town personnel resulted in the new party rejecting the building permit based on the suitability of soil conditions and the fact that the 'perc' had not been done in the presence of the previous inspector. P was told that additional tests would have to be done next spring in the presence of the inspector. When those tests were done a drain would have to be installed in order to control the seasonably high groundwater. That was done and more tests were done but the inspector determined that the land was unsuitable for a septic sewage disposal system. A building permit was denied. P sued D and the jury gave the verdict to P for $44,024 for negligence and breach of contract.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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